Yesterday, June 15, 2020, the United States Supreme Court issued a decision in Bostock v. Clayton County, Georgia (and two other consolidated case) that has been highly anticipated in the business community for years. The issue: Does Title VII of the Civil Rights Act of 1964 prohibit discrimination based on sexual orientation and gender identity? In a 6-3 ruling, Trump-appointed Justice Neil Gorsuch wrote the majority opinion answering this question, “YES.”
Senate Bill 485 and House Bill 1230, identical bills entitled “Protecting Older Workers Against Discrimination Act,” are currently before Congress. The House majority leader has indicated that the House Bill may be considered within the next week.
These bills seek to overturn the United States Supreme Court’s ruling in Gross v. FBL Financial Services, Inc., 557 U.S. 167, 129 S.Ct. 2343 (2009), which held that for plaintiffs to prevail in age discrimination cases,
On Monday, April 22, 2019, the United States Supreme Court agreed to hear three cases regarding whether Title VII of the Civil Rights Act protects the LGBTQ communities from discrimination based on sex.
The Act does not specifically mention sexual orientation, gender identity, or transgender status, but many appellate courts and the Equal Employment Opportunity Commission have read the prohibition against “sex” as covering these groups of people. Other appellate courts have insisted that the prohibition does not apply to these groups.
On September 14, 2016, Eleanor Norton (D.C. Representative) introduced H.R. 6030 to the House of Representatives, and that bill was referred to the Committee on Education and the Workforce. The bill would amend the Fair Labor Standards Act (“FLSA”) by adding the following new Section 8:
Sec. 8. Requirements and prohibitions relating to wage, salary and benefit history
It shall be an unlawful practice for an employer to—
(1) screen prospective employees based on their previous wages or salary histories,
Today, President Obama nominated Merrick B. Garland as his choice to fill the U.S. Supreme Court vacancy left by the recent death of Justice Antonin Scalia. Chief Judge Garland was appointed to the U.S. Court of Appeals for the District of Columbia by President Clinton in 1997 and became Chief Judge on February 12, 2013. He received wide, bipartisan support for his nomination to the U.S. Court of Appeals. Seven of the Republican Senators who voted for his 1997 nomination still serve in the U.S.
Just days before its proposed rule on changes to its EEO-1 form and reporting requirements, on January 21, 2016, the EEOC released proposed changes to its Retaliation Enforcement Guidance. While this document does not carry the force or weight of regulations or statutes, it can guide a court’s reasoning. This 76-page document purports to summarize the law of retaliation and provide its investigators with information to help them conduct and complete their investigations.
On the 7th anniversary of President Obama’s signing into law his first piece of legislation as President, the Lilly Ledbetter Fair Pay Act, he announced “several additional actions that his administration is taking to advance equal pay for all workers and further empower working families.”
The most interesting additional action would affect employers with 100 or more employees. These companies would be required, on an annual basis, to report details of what they pay their employees categorized by race,
On January 7, the House Majority Leader indicated that H.R. 3231, the “Federal Intern Protection Act of 2015,” may be considered in the House this week. The resolution would extend protections against discrimination in the workplace based on race, color, religion, sex, national origin, age, or disability to interns and applicants for internship. Interns are defined in the resolution as individuals who perform uncompensated voluntary service in an agency to earn credit awarded by an educational institution or to learn a trade or occupation.
Today I attended a continuing legal education seminar for the Idaho State Bar Employment and Labor Law Section. Linda Goodman, Administrator/Director of the Idaho Human Rights Commission, was the presenter. I thought some of the statistics she presented were worth passing on.
During the Commission’s 2015 fiscal year, 443 new cases were filed, up from 435 in fiscal year 2014. Of the 443 new cases, 414 were employment related. The following table shows what categories of employment discrimination the cases alleged:
In a press release, today, the EEOC announced that it has sued shipping giant FedEx for discriminating against deaf and hearing-impaired employees. The charges accuse FedEx of:
- Failing to provide needed accommodations such as American Sign Language (ASL) interpretation and closed-captioned training videos during the mandatory initial tour of the facilities and new-hire orientation for deaf and hard-of-hearing applicants;
- Failing to provide such accommodations during staff, performance, and safety meetings; and
- Refusing to provide needed equipment substitutions and modifications for deaf and hard-of-hearing package handlers,